Ius Poenale (Dec 2023)

Legal Validity of Teleconference Witness in Indonesia’s Criminal Justice System

  • Muhammad Arief Dwi Ramadhan,
  • Syariful Alam

DOI
https://doi.org/10.25041/ip.v4i2.3157
Journal volume & issue
Vol. 4, no. 2
pp. 141 – 154

Abstract

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This research is motivated by the validity and legality of witness statements by teleconference in the justice system in Indonesia. And teleconference is a new invention in legal products in line with the development of technology and electronic information which is growing rapidly and developing. However, in the Criminal Procedure Code which forms the basis of criminal procedural law in Indonesia, there is no article that regulates this matter. So that in this case, it creates a polemic for debate and pros and cons regarding whether this teleconference is detrimental or beneficial to the parties or is it an alternative media to protect witnesses from the intervention of other people and all forms of threats to the safety of witnesses. The legal issue or conflict in the problem of this article is how the legitimacy and legal regulations governing teleconference as a valid means of evidence in the justice system in Indonesia and examines the pros and cons related to the problem of witness testimony via teleconference and compares the implementation of witness testimony via teleconference with other countries. The research method in this article uses a normative juridical research method, namely examining the problems that arise regarding the validity and clarity of the legality of witness testimony via teleconference in trials at court as well as the pros and cons that arise.

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